Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Mutual Legal Assistance) 2024

Citation and commencement, etc.

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Mutual Legal Assistance) 2024.

(2) It comes into force on 1st July 2024.

(3) A certified copy is to be inserted in the Books of Adjournal.

Amendment of the Criminal Procedure Rules 1996

2.—(1) The Criminal Procedure Rules 1996(1) are amended in accordance with this paragraph.

(2) In Chapter 23 (letters of request)(2), in rule 23.1 (applications for letters of request)(3)—

(a) in paragraph (2), omit “, and shall be accompanied by a proposed letter of request in Form 23.1-C”;

(b) after paragraph (2), insert—

“(2A) A petition referred to in paragraph (1) must be accompanied—

(a) subject to paragraph (b), by a proposed letter of request in Form 23.1-C; or

(b) where the proposed letter of request is to be sent to a member State of the European Union, by a proposed letter of request in Form 23.1-D.”.

(3) In Chapter 23A (television link evidence)(4), in rule 23A.1 (application for television link evidence)—

(a) in paragraph (1), omit “and shall be accompanied by a letter of request in Form 23A.1-B”;

(b) after paragraph (1), insert—

“(1A) A petition referred to in paragraph (1) must be accompanied—

(a) subject to paragraph (b), by a letter of request in Form 23A.1-B; or

(b) where the letter of request is to be sent to a member State of the European Union, by a letter of request in Form 23A.1-C.”.

(4) In Chapter 36 (Crime (International Co-operation) Act 2003)(5)—

(a) in the heading, for “Co-operation”, substitute “Co-operation)”;

(b) in rule 36.4 (applications for requests for assistance), for paragraph (e) substitute—

“(e) include particulars of the assistance requested and—

(i) subject to paragraph (b), a draft request in Form 36.4-B; or

(ii) where the request is to be sent to a member State of the European Union, a draft request in Form 36.4-C.”.

(5) In the appendix—

(a) after Form 23.1-C (form of letter of request), insert Form 23.1-D as set out in schedule 1 of this Act of Adjournal;

(b) after Form 23A.1-B (form of letter of request for evidence to be obtained by television link), insert Form 23A.1-C as set out in schedule 2 of this Act of Adjournal;

(c) after Form 36.4-B (request for assistance under section 7 of the Crime (International Co-operation) Act 2003), insert Form 36.4-C as set out in schedule 3 of this Act of Adjournal.

CJM SUTHERLAND

Lord Justice General

Edinburgh

I.P.D.

30th May 2024